17 results for 'judge:"Kautz"'.
J. Kautz finds that the lower court properly allowed a development company to use a lot of a subdivision for workforce apartments. The decision had no effect on any private contractors with the other residents of the subdivision, and the lower court made "reasonable choices" in deciding to approve the workplace apartments. Affirmed.
Court: Wyoming Supreme Court, Judge: Kautz, Filed On: April 10, 2024, Case #: S-23-0157, Categories: Property
J. Kautz finds that the lower court properly denied an administrative assistant's request for workers compensation benefits after she suffered an injury to her right knee during work. She was not able to meet her burden of proof to show that the injury to her knee caused a second injury to her foot that worsened her preexisting foot condition. Affirmed.
Court: Wyoming Supreme Court, Judge: Kautz, Filed On: March 21, 2024, Case #: S-23-0174, Categories: Workers' Compensation
J. Kautz finds that the lower court improperly dismissed claims against the Laramie City Council from a resident who says the council violated the Wyoming Public Meetings Act by holding meetings remotely during Covid-19. The lower court tossed the suit on the grounds that the resident inexcusably delayed his claims that stemmed from activity back in May 2020, but the lower court did not follow the proper procedure for taking judicial notice and its findings were too conclusory. Reversed.
Court: Wyoming Supreme Court, Judge: Kautz, Filed On: February 28, 2024, Case #: S-23-0149, Categories: Government, Covid-19
J. Kautz finds that the lower court properly denied workers' compensation benefits to a caretaker at a country club who broke his ankle while working. While he was provided benefits at first, further benefits were later denied because they discovered he was intoxicated at the time of the injury. The caretaker challenges the denial of benefits on the grounds he was intoxicated, but the lower court properly found that his intoxication was a significant factor in his injury. Affirmed.
Court: Wyoming Supreme Court, Judge: Kautz, Filed On: February 1, 2024, Case #: S-23-0147, Categories: Workers' Compensation
J. Kautz finds that the lower court improperly dismissed a contract dispute between a financial advisory company and a former employee after finding that the forum selection clause in the contract called for disputes to be be litigated in Minnesota. The company was entitled to a waiver of the forum selection clause and the employee had no connection to Minnesota that would support that venue. Reversed.
Court: Wyoming Supreme Court, Judge: Kautz, Filed On: January 30, 2024, Case #: S-23-0125, Categories: Venue, Contract
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J. Kautz properly divided marital property and awarded a mother custody of her two children in a divorce and custody dispute. The lower court properly considered all of the proper factors in determining that it was in the children's best interest to be in the care of their mother. Affirmed.
Court: Wyoming Supreme Court, Judge: Kautz, Filed On: December 29, 2023, Case #: S-23-0117, Categories: Family Law
J. Kautz finds that the lower court properly denied defendant's motion to correct a sentence stemming from his two vehicular homicide convictions. Defendant was ordered to serve his sentences for both counts consecutively, and defendant claims multiple sentences for the same car accident violated his double jeopardy rights. He already raised this issues during a direct appeal in 2015, leaving this motion barred by the doctrine of res judicata. Affirmed.
Court: Wyoming Supreme Court, Judge: Kautz, Filed On: November 1, 2023, Case #: S-23-0091, Categories: Sentencing, Double Jeopardy, Vehicular Homicide
J. Kautz finds that the lower court improperly refused to address defendant's request for a return of property that was seized by police during an investigation tied to his assault and battery convictions. The lower court declined to hear the request on the grounds that it lacked jurisdiction, but that argument is directly in conflict with established case law and precedent. The lower court has the jurisdiction and the duty to hear the motion and weigh evidence as to whether defendant is entitled to the return of his property. Reversed.
Court: Wyoming Supreme Court, Judge: Kautz, Filed On: October 31, 2023, Case #: S-23-0067, Categories: Criminal Procedure
J. Kautz finds that the lower court properly found in favor of a telecommunication company following class claims from members of the company who say they were duped into selling $105 million of the company for just $29 million. The class fails to establish reliance needed for class claims to survive, and the company members did not have the capital credits during the sale needed to challenge it because they had already consented to it. Other claims are also tossed for being derivative. Affirmed.
Court: Wyoming Supreme Court, Judge: Kautz, Filed On: October 24, 2023, Case #: S-22-0303, Categories: Class Action, Contract
J. Kautz finds that the lower court properly convicted defendant of not notifying law enforcement of a change in address due to being a registered sex offender. Evidence on the record shows he failed to update his address within three working days after changing residences, violating the three-day deadline under the law. Affirmed.
Court: Wyoming Supreme Court, Judge: Kautz, Filed On: September 28, 2023, Case #: S-23-0040, Categories: Sex Offender
J. Kautz finds that the lower court properly determined the taxable value on a company's natural gas liquid production. The company says the final determination did not take into account certain deficiency fees it had to pay relating to a purchase agreement, but the language of that purchase agreement made it clear it would not influence the final taxable value total. Affirmed.
Court: Wyoming Supreme Court, Judge: Kautz, Filed On: August 29, 2023, Case #: S-22-0271, Categories: Tax
J. Kautz finds that the lower court properly granted around $21,000 in attorney fees to an accounting firm after it prevailed on its contract claims against a former employee. The fee-shifting provision of the contracts at issue authorized an award of attorney fees and costs. Affirmed.
Court: Wyoming Supreme Court, Judge: Kautz, Filed On: August 24, 2023, Case #: S-23-0028, Categories: Attorney Fees, Contract
J. Kautz finds that the lower court properly convicted defendant of nearly a dozen sex crimes against two minors. Defendant raises several issues on appeal, such as his trial counsel was ineffective and there was not enough evidence to support his convictions. While his counsel was unable to present certain text messages for the trial that defendant claims would have helped his defense, there is no evidence that actually prejudiced him. Evidence that was on record, however, was enough to justify the convictions. Affirmed.
Court: Wyoming Supreme Court, Judge: Kautz, Filed On: July 31, 2023, Case #: S-22-0156, Categories: Sex Offender
J. Kautz finds that the lower court properly convicted defendant of assault and battery stemming from a shooting incident. Defendant claims there was not enough evidence on the record to support his conviction, but there was reliable testimony from a witness that proved defendant was the shooter in question. Affirmed.
Court: Wyoming Supreme Court, Judge: Kautz, Filed On: July 25, 2023, Case #: S-22-0307, Categories: Assault, Battery, Witnesses
J. Kautz finds that the lower court properly denied defendant's request to withdraw his guilty plea to manslaughter and burglary charges. He tried to withdraw his plea due to speedy trial concerns, but did not provide any meaningful information to support his concerns or why the plea should be taken back. And evidence on the record shows his right to a speedy trial was handled correctly and that no violations took place. Affirmed.
Court: Wyoming Supreme Court, Judge: Kautz, Filed On: July 6, 2023, Case #: S-22-0199, Categories: Plea, Speedy Trial, Manslaughter
J. Kautz finds that the lower court properly divided marital property and granted a mother primary custody of two children in a divorce dispute. The division of property was calculated correctly based on evidence on the record, and it was not unreasonable for the lower court to determine that it was in the children's best interests to award primary custody to the mom. Affirmed.
Court: Wyoming Supreme Court, Judge: Kautz, Filed On: June 22, 2023, Case #: S-22-0264, Categories: Family Law
J. Kautz finds that the lower court improperly found that a bylaw adopted by the Uinta County Republican Party governed who could vote in an election and did not violate the state's election code. The fact that the bylaw allowed outgoing Central Committee officers to vote in the 2021 election did, in fact, run afoul of election regulations. Under the law, only certain members who have been elected can vote for committee officers and state committeepersons. Reversed.
Court: Wyoming Supreme Court, Judge: Kautz, Filed On: May 18, 2023, Case #: S-22-0210, Categories: Elections